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I thought I read somewhere that the officer who read the Miranda / 38.22 warnings had to be present during the interview. Does anyone else remember that?
 
Posts: 109 | Location: Kingsville, Texas, USA | Registered: July 19, 2011Reply With QuoteReport This Post
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Is your statement recorded or written? Article 38.22, Sec. 2(a) indicattes that a written statement is admissible if the warnings are given by the person to whom the statement is made. But the same sentence also says that a magistrate can give the warnings. If your statement is recorded, Sec. 3 of Article 38.22 does not have the same language. Rather, it appears that a recording is admissible as long as the defendant receives the warnings on the recording and waives his rights. Also look at Lugo Lugo, 650 S.W.2d 72, 82-83 and Dowthitt, 931 S.W.2d at 258, which are annotated on page 353 of the TDCAA Criminal Laws of Texas book, which everyone EVERYONE needs,
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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